Court of Appeals for the Fifth Circuit April 30, 1980, 79-5053 (United States v. Benito Ayala Martinez and Julio Lujano Guardiola)

PER CURIAM:

Convicted of crimes involving heroin, defendants on appeal argue that conspiracy to commit two substantive crimes can be but one criminal conspiracy under the constitutional prohibition against double jeopardy, and that the prosecutor in closing argument improperly commented on a missing witness.